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Challenging a DUI Breath Test in Wyoming

By stladmin on June 8, 2022

If you are charged with drunk driving in Wyoming, you are at risk of losing your right to drive. Under Wyoming’s implied consent laws, when driving a motor vehicle, you are considered to have given your consent for breath, blood, or urine testing. When drunk driving is suspected, a breath test is performed, and in some cases, blood testing.

How Does the Breath Test Work?

The breath testing device does not actually measure the alcohol content in your body. It simply provides an estimate based on the amount of alcohol present in your breath when you blow into the machine. The results register the percentage of alcohol contained in your breath (breath alcohol content or BAC).

If the device registers at 0.08% or higher, you will be arrested and charged with DUI, but breath test results can be inaccurate – and can be challenged by a knowledgeable Gillette DUI trial attorney. At Steven Titus & Associates, P.C., we are trial lawyers, and take on every DUI defense determined to uncover any errors in breath testing and other evidence in a drunk driving arrest. Our goal is to protect the rights and freedoms of the people we represent.

Breath Tests – What Can Go Wrong

All breath testing units are manufactured, and just like any other device, can fail. Some of the most common issues that could result in faulty results include:

• The breathalyzer was not correctly calibrated. The breath testing unit requires calibration to ensure the readings are accurate. Each unit will have a maintenance record. This record can be accessed by your DUI defense lawyer. If the record reveals that the unit was not properly maintained and calibrated, the results can be successfully challenged in court.
• The device was not functioning properly. Roadside breath testing units are notorious for being inaccurate. A second test must be performed to confirm the driver was over the limit as roadside breath testing results are not valid evidence in a DUI case. An in-office breath testing device, if found to have needed repair within a short time after the arrest may indicate that your results were wrong.
• The test was performed incorrectly. A breath test must be administered by an operator with a valid license. If the license has expired, the breath test results may be thrown out. A breath test operator may have given incorrect instructions to the person being tested or failed to wait about 20 minutes if the person burped, belched, or vomited before administering the test.
• A medical condition impacted test results. The driver had a medical condition that produced a false BAC reading such as diabetes.
• The driver consumed a substance that could affect results: Some medications, foods, drinks, mints, mouthwash, or gum could lead to inaccurate results.

When you Fail the Breath Test

If you blew over the limit on a breath test, exercise your right to remain silent, and contact a Wyoming DUI defense attorney immediately. The trial experience of your attorney plays an important role in whether you walk free or face the consequences of a conviction.

Why You Need a Wyoming DUI Lawyer if you Failed the Breath Test

If you have failed a breath or blood test or refused to take the test, you are facing an uphill legal battle, but when represented by our trial lawyers, you are not alone. The goal is to craft a convincing defense, and reduce the risk of extensive jail time, fines, license suspension, and a mark on your record. Our experienced Wyoming DUI defense attorney has the knowledge and skills to challenge every aspect of the prosecution’s case, from the initial police stop, to roadside testing, to DUI breath or blood tests, police procedure, and any other piece of evidence the prosecution presents.

Why Choose Us?

At Steven Titus & Associates, P.C., our legal team brings the knowledge, skills, and resources to craft a compelling defense. If you are facing DUI charges in Campbell County, you need a defense lawyer that goes the distance in crafting a defense, including reviewing all information regarding breath testing. Contact us today at (307) 257-7800 today to speak with us about your case.